R.Baskaran v. The Joint Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP(MD)No.13862 of 2019 R. Baskaran ... Petitioner Vs.

1. The Joint Director of Cooperative Societies, O/o. the Joint Director of Cooperative Societies, District Collector Campus, Virudhunagar District, Virudhunagar.

2. The Deputy Registrar of Cooperative Societies, Virudhuanagar Head Office, Virudhunagar - 626 001

3. The President, Keelakottaiyur Agricultural Primary Agricultural Societies, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to regularize the service the of the petitioner as sales man with all monetary benefits and other attendant benefits from 02.04.1990 within stipulated time fixed by this Court. For Petitioner : Mr. S. Gokul Raj For R1 and R2 : Mr.A. Muthukaruppan Additional Government Pleader For R3 : Mr. Aayiram K. Selvakumar Additional Government Pleader

ORDER

This Writ Petition has been filed for issuing a direction to the respondents to regularize the service the of the petitioner as sales man with all monetary benefits and other attendant benefits from 02.04.1990 within the time frame to be fixed by this Court.

2. Mr. A. Muthukaruppan learned Additional Government Pleader takes notice for respondents 1 and 2 and Mr. Aayiram K. Selvakumar, learned Additional Government Pleader takes notice for third respondent.

3. By consent of both sides, this Writ Petition is taken up disposal at the admission stage itself.

4. According to the petitioner, he put more than 20 years of service in the respondents - Society as a salesman. However, his service has not been regularized till date. Hence, the petitioner has made a representation to the respondents, dated 07.06.2019. But, the same has not been considered so far. In such circumstances, the petitioner has filed the present Writ Petition before this Court.

5. In support of his contention, the learned counsel appearing for the petitioner relied on the Judgment of this Court dated 13.03.2018 made in W.P(MD).No.1177 of 2018 and submitted that in the said Judgment this Court has given a direction to the Government to regularize the service of the similarly placed persons.

6. The learned Additional Government appearing for the respondents - Society would submit that if the petitioner has been appointed as per the Rules, the same will be considered in the light of the said order passed by this Court, dated 13.03.2018 made W.P(MD).No.1177 of 2018 within a specified time that may be fixed by this Court.

7. Recording the submission of the learned Additional Government Pleader, this Court, without expressing any opinion on the merits of the petitioner's case, directs the first respondent to consider the representation of the petitioner, dated 07.06.2019 on merits and in accordance with law and and pass necessary orders, within a period of twelve weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner.

8. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) trp To

1. The Joint Director of Cooperative Societies, O/o. the Joint Director of Cooperative Societies, District Collector Campus, Virudhunagar District, Virudhunagar.

2. The Deputy Registrar of Cooperative Soceities, Virudhuanagar Head Office, Virudhunagar - 626 001 + 1 CC TO Mr.M.Gokulraj, ADVOCATE IN SR No.70548 + 1 CC to The Special Government Pleader SR.No.70664 WP(MD)No.13862 of 2019 20.06.2019 KS(05.07.2019) 3 P 5 C